Asikul Sk @ Ashikul Saikh @ Asikul Sk v. State Of West Bengal

05.07.2023 Sl. No.18 akd [Rejected] C. R. M. (NDPS) 1002 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.05.2023 in connection with Kandi Police Station Case No.258 of 2022 dated 11.05.2022 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.119 of 2022) And In Re: Asikhul Sk. @ Ashikul Saikh @ Asikul Sk. ... ... Petitioner Mr. Anisur Rahaman ... ... for the petitioner Mr. Saryati Datta ... ... for the State Chemical examiner's report is placed on record. Report shows presence of codeine phosphate in the sample.

In view of the aforesaid report and other materials on record showing recovery of narcotic substance i.e. 120 bottles of phensedyl syrup containing codeine phosphate, which is above commercial quantity from the petitioner and the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)